Our latest article examines the decision to move the KSM trial to New York and discusses some other issues related to closing GITMO, which we wrote about last July.

Excerpt:

“As we listen to this week end’s talking heads discuss the pro and cons for holding the trials in the U.S. we pondered the issues which were not identified: if I were a GITMO detainee facing a military court could I ask for a U.S. trial?; if I were a defense lawyer would I attempt to pack the Jury with the defendant’s peers, not terrorists, but those of the Muslim Faith?; how do prosecutors or defense lawyers select jurors who can creditably say that they are or were not influenced by the 9/11 attack?; how would the court deal with those defendants who choose to defend themselves?; how do you have an open trial which demonstrates the “American Way†without the release of information which would place the nation at great risk.â€

The full article can be found here.